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HomeMy WebLinkAboutCOD-054-07 Cl!Jl-il!gton REPORT CORPORATE SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: October 1, 2007 Resolution #: r;, P A . 5 i1 7.. - () I Report #: COD-054-07 File#: By-law #: Subject: Pay Equity Phase 2 - Change of Consultant Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-054-07 be received; 2. THAT the Purchasing By-law be waived to permit the Chief Administrative Officer and the Director of Corporate Services to negotiate with a consultant to complete the phase 2 revised Pay Equity Plan; 3. THAT the additional funds required to complete phase 2, approximately $15,000, be provided from the unexpended funds in the Unclassified Administration - Staff Development account #1 00-21-211-X-7203; 4. THAT the CUPE President be advised of Council's decision, and be invited to participate in the Phase 2 process as required; 5. THAT the Library Executive Director be provided a copy of this report for information and the opportunity for input into the revision of the Pay Equity Plans and process, and to advise the Library Board of Council's actions; and 6. THAT the elements of the revised plan and posting requirements remain as approved under report COD-44-06. Attachment: COD-44-06 L /// Submitted by: . ,- Marie Marano, H,RSc" C.M.O. Director of Corporate Services MM/gj Reviewed by: i) ~ --..;~ Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 REPORT NO.: COD-054-07 PAGE 3 BACKGROUND 1.0 Current Status 1.1 The Phase 2 Pay Equity Plan revision was approved by Council through report COD-44-06 (Attachment #1) with an estimated funding allocation of $30,000. The consultant engaged to complete the pay equity plan revision resigned from the project as he undertook a position which he felt conflicted with his ability to work with the Municipality. The consultant recommended a firm to complete the project, however upon review of the submission by this new consultant, Staff recommended re-issuing the request for proposal in order to ensure the process was not compromised. 1.2 The RFP was re-issued on an invitational basis in June 2007, with only one of 6 companies submitting bids. The bid submission is not being recommended as there is a question of commitment to a sub-contracted proprietary software that may have the Municipality indirectly connected to two vendors. 2.0 Recommended Consultant to Complete Phase 2 2.1 Staff have consulted with the area municipalities who have undertaken job evaluation and pay equity reviews. In these discussions a company was identified who may be able to undertake the Municipality's existing plan and transition it to a revised tool which will better reflect current pay equity environment. 2.2 In consideration of the repetitive unresponsive market for completion of the phase 2 pay equity proposal, it is recommended that the Purchasing By-law be waived to permit the CAO, in consultation with the Director of Corporate Services, Purchasing Manager and Human Resources Manager, negotiate an agreement with a firm who can complete the phase 2 plan. Preliminary discussions with such a firm suggest that there is an opportunity to negotiate with a company who is recognized in pay equity and human resource matters, however until negotiations are completed, it would be advisable not to provide details. As Senior Staff will assist in the implementation of the plan, it is anticipated that the additional funding request of approximately $15,000 should be sufficient to negotiate completion of transition to a revised plan. 2.3 The 2007 budget provided $40,000 for the anticipated cost of the phase 2 plan. Therefore the net requirement to continue at this point is an additional $15,000. Due to the importance of the legislated Pay Equity obligations it is recommended that Unclassified Administration - Staff Development account fund the remaining $15,000 to complete the project and defer the staff development initiatives to future budget consideration. The Director of Finance concurs with the recommendations. REPORT NO.: COD-054-07 PAGE 4 3.0 Consultation The Union will be consulted on the plan, in order that they can sign endorsement of it for their members, as required by the ACT. The Non-Affiliated group do not have representation to sign off on the revised plan, consequently the ACT requires their plan be posted to provide an opportunity for comment or concern to be raised. Once the posted time limits are complete, and any concerns are addressed, the revised plan will be considered approved in accordance with the Pay Equity Act. 4.0 Posting of Revised Plan Report COD-44-06 authorized posting requirements and other elements of the process which are considered to be still applicable to the phase 2 process and are recommended to be continued as approved under Report COD-44-06. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-6506 , . C[w:mgton MEMO TO: Marie Marano, Director of Corporate Services FROM: Anne Greentree, Deputy Clerk DATE: September 12, 2006 RE: PAY EQUITY REVIEW - CONSULTANT'S FINDINGS AND PHASE 2 PAY EQUITY PAY REVISION At a meeting held on September 11, 2006, the Council of the Municipality of Clarington passed the following resolution # GPA-323-06: THAT Report COD-044-06 be received; THAT the Review Report of the existing Pay Equity Plan by D & G Dudar Consultants, be received; THAT the Chief Administrative Officer be authorized to include a pre- budget approved amount of $30,000 (inclusive of GST), in the 2007 Administration Consulting account, for the purpose of proceeding with the development and implementation of revised Pay Equity Plans and Questionnaires, for Union and Non-Affiliated Employees, including the Library; THAT the CAO be authorized to engage Consultants to undertake Phase 2 of the Pay Equity review, by developing a revised plan beginning early 2007; THAT the suspension of the pay equity job review process approved by report COD-65-05, be lifted; THAT the existing Pay Equity Plan job review process continue essentially in its current form with Supervisory Approval Criteria established by the CAO, until the revised pay equity plan and process is put into effect; THAT during the transition period until the revised pay equity plan is in place, any recommendations by the Pay Equity Committees regarding adjustment to compensation be approved by the CAO; , , ( THAT, the recommendations put forward by the Consultant, essentially as outlined in the body of this report, be approved for incorporation as appropriate in the future pay equity maintenance process; THAT the CUPE President be provided a copy of Report COD-044-06 for the purpose of reviewing the content with the Union members; THAT the CAO be authorized to seek input from the Union President, for the revision of the Pay Equity Plan for Unionized employees, which will be posted as a revised plan at the conclusion of the review; THAT the Library Executive Director be provided a copy of Report COD- 044-06 for information and opportunity for input into the revision of the Pay Equity Plans and process, and to advise the Library Board of Council's actions; and THAT, at the conclusion of the review, the CAO be authorized to post the revised Non-Affiliated Pay Equity Plan as an amended plan for comment by the Non-Affiliated group as required under the ACT. #1~ Ahne Greentree CAG*bmb cc: Frank Wu, CAO. Steve Harding, CUPE President Edith Hopkins, CEO, Clarington Public Library CORPORATION OF THE MUNICIPALITY OF CLARlNGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6506 Cf!1ril!gtoo REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday September 5, 2006 Report #: COD -044-06 File#: By-law #: GP4- 3;13 -00 Subject: Pay Equity Review - Consultant's Findings and Phase 2 Pay Equity Plan Revision RECOMMENDATIONS: 1. THAT Report COD-044-06 be received; 2. THAT the Review Report of the existing Pay Equity Plan by D & G Dudar Consultants, be received; 3. THAT the Chief Administrative Officer be authorized to include a pre-budget approved amount of $30,000 (inclusive of GST), in the 2007 Administration Consulting account, for the purpose of proceeding with the development and implementation of revised Pay Equity Plans and Questionnaires, for Union and Non-Affiliated Employees, including the Library; 4. THAT the CAO be authorized to engage Consultants to undertake Phase 2 of the Pay Equity review, by developing a revised plan beginning early 2007; 5. THAT the suspension of the pay equity job review process approved by report COD- 65-05, be lifted; 6. THAT the existing Pay Equity Plan job review process continue essentially in its current form with Supervisory Approval Criteria established by the CAO, until the revised pay equity plan and process is put into effect; 7. THAT during the transition period until the revised pay equity plan is in place, any recommendations by the Pay Equity Committees regarding adjustment to compensation be approved by the CAO; REPORT NO.: COD-044-06 PAGE 2 8. THAT, the recommendations put forward by the Consultant, essentially as outlined in the body of this report, be approved for incorporation as appropriate in the future pay equity maintenance process; 9. THAT the CUPE President be provided a copy of this report for the purpose of reviewing the content with the Union members; 10. THAT the CAO be authorized to seek input from the Union President, for the revision of the Pay Equity Plan for Unionized employees, which will be posted as a revised plan at the conclusion of the review; 11. THAT the Library Executive Director be provided a copy of this report for information and opportunity for input into the revision of the Pay Equity Plans and process, and to advise the Library Board of Council's actions; and 12. THAT, at the conclusion of the review, the CAO be authorized to post the revised Non-Affiliated Pay Equity Plan as an amended plan for comment by the Non- Affiliated group as required under the ACT. 8ubm.... bY~ Marie Marano Director of Corporate Services Reviewed by :1) ~ ~ Franklin Wu, Chief Administrative Officer Attachment: D & G Dudar Consultants; Municipality of Clarington Pay Equity Review Report REPORT NO.: COD-044-GS PAGE 3 BACKGROUND 1.0 Pay Equity Review Authorized 1.1 Report COD-65-05 authorized the CAO to undertake an independent review of the Municipality's existing Pay Equity Plan (McDowall Plan) for applicability to today's work environment, with a report back to Council. 1.2 The review of Pay Equity questionnaires was suspended by report COD-65-05, awaiting the review of the plan and process. 1.3 Report COD-10-06 provided an in-camera update to the status of the RFP, which closed on March 1,2006. As advised in report COD-10-06, the RFP submissions were anticipated to be within the purchasing by-law limits and funding approved by Council. The selection of the firm of D & G Dudar Consultants was determined by the CAO in conjunction with the Director of Corporate Services, Purchasing Manager, and the Human Resources Manager. 2.0 D & G Dudar Consultants Review and Recommendations 2.1 Don Dudar, of D & G Dudar Consultants met with the members of both Pay Equity Committees, including the Executive Director of the Library, for a comprehensive review of the issues surrounding the existing McDowall plan and the maintenance process. 2.2 The report of the Consultant is attached for information and reference. Senior Management concurs with the results of the review and the recommendations. 2.3 Essentially the following recommendations put forward by the Consultant, are proposed to be incorporation as appropriate in the future pay equity maintenance process under the direction of the Chief Administrative Officer: a. That the McDowall Plan for Pay Equity, and the accompanying questionnaire, be replaced with an updated tool for continued compliance with the Municipality's Pay Equity maintenance obligations; b. That organizational changes continue to be approved by Council through the annual budget process, and the CAO be authorized to effect pay equity adjustments provided they are within the approved budget and overall Corporate goals and objectives; c. That the two Committee structure remain to evaluate the pay equity review requests put forward by employees, with recommendations to the CAO for decision; REPORT NO.: COD-044-06 PAGE 4 d. That a system be established to formally record decisions and justification for recommended adjustments including decisions to grandfather or red-circle employees; e. That screening criteria be established to assist the employee in determining if a change in job function constitutes a significant change requiring a pay equity review; f. That applicants who have qualified for a review, be advised of the decision and reasoning of the Committee, by the CAD for Non-Affiliated employees, and by the Chair of the Union Committee together with a Union Representative from the Committee for Union employee applicants; g. That Employees be educated on the revised Pay Equity Plan and process, with particular emphasis on the job worth changes that require a review; h. That Supervisors review the workflow attached to review request applications that have qualified for a pay equity review to assess whether the position is performing the authorized and appropriate function, prior to approval of the request to proceed to the Committee for final review; i. That the CAD prepare a recommendation for alternate forms of recognition to address temporary or occasional work, for Council's approval. j. That future updates to the Pay Equity process will be undertaken as deemed timely by the CAD, within a 10 year period if possible, and any recommendation of substantive change put forward to Council for approval. 3.0 Next Steps; Phase 2 3.1 Phase 2 of the Pay Equity analysis was not addressed until the review of the existing McDowall plan was complete with recommendations advising on whether a new plan and process was appropriate. The recommendation from the Consultant clearly notes that the existing plan has outlived its usefulness and should be replaced. Management concurs with this recommendation. 3.2 It is recommended that a new plan and process be developed with the assistance of consultants, using the 2007 budget funds. Pre-budget approval is requested to permit the negotiation process to begin as soon as possible in 2007. 3.3 In the interim, it is therefore recommended that the existing Pay Equity review process continue so as not to impede any employee who feels that their job has changes substantially thereby warranting a review. The CAD will develop criteria applicable to the approval process of the review to ensure workflow analysis and substantial job changes are appropriately reflected; REPORT NO.: COD-044-D6 PAGE 5 3.4 The consultant recommended that, consistent with the norm in both private industry, adjustments resulting from the review of pay equity applications be approved by the CAO. This is also the practice in the Durham area municipalities. It is recommended that this authority be extended over the existing and future adjustments, provided that the overall organizational goals are maintained, as approved by Council. 3.5 The intention in developing a new Union pay equity plan and process, in compliance with the Pay Equity Act, is to provide an opportunity for input by the Union into the plan applicable to its members. The plan, once agreed upon by the Bargaining Unit and the Municipality, will be posted in accordance with the ACT. It is not subject to comment by employees as the Bargaining Unit is empowered to negotiate the plan on behalf of its members. 3.6 The Non-Affiliated group, according to the ACT, have the opportunity to submit comments to the employer during the required 90 days when the plan is posted. The opportunity will be provided for the Executive Director of the Library to have input into the plans also considering that the Municipality is the Library employer for Pay Equity purposes. 3.7 It is proposed that the revised plans will incorporate a method to translate the existing pay equity scores into the new plan such that there will not be an analysis of each employee under the new criteria. The review may identify some employees who require adjustment to fit into the new plan, and it is recommended that these adjustments be approved by the CAO unless the overall adjustment is deemed to be of significant budgetary impact. 3.8 The Director of Finance concurs with the pre-budget approval recommendations outlined in this report. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-6506